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THE MICHAEL VICK CASE
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Michael Vick Fails Drug Test

Judge Restricts Vick To Home, Monitoring Device

POSTED: 12:54 pm EDT September 26, 2007
UPDATED: 6:40 am EDT September 27, 2007

Stricter release conditions were imposed on Michael Vick on Wednesday after he tested positive for marijuana use on Sept. 13.

Judge Henry E. Hudson restricted Vick to his home every day from 10 p.m. to 6 a.m. at the request of probation officer Patricia Locket-Ross.

Vick will be required to wear an electronic monitoring device to ensure his compliance with the order, court documents said.

Judge Hudson also ordered that Vick continue to participate in substance abuse and mental health counseling.

The 27-year-old former Virginia Tech star was placed under pretrial release supervision by U.S. Magistrate Dennis Dohnal in July. The restrictions included refraining from use or unlawful possession of narcotic drugs or other controlled substances.

Vick has been ordered to pay for the costs of any treatment required as a result of his counseling. The cost of the home restriction program, including the electronic monitoring device, will also be paid by Vick, court documents said.

Vick's attorney, Billy Martin, did not immediately respond to media requests seeking comment.

Because Vick violated the conditions of his release, Hudson could take that into consideration during sentencing, said Linda Malone, a criminal procedure expert and Marshall-Wythe Foundation professor of law at the College of William and Mary.

"Every judge considers pretty seriously if they feel that the defendant has flaunted the conditions for release," Malone said. "It's certainly not a smart thing to do."

In January, Vick was cleared by police of any wrongdoing after his water bottle was seized by security at Miami International Airport. Police said it smelled of marijuana and had a hidden compartment that contained a "small amount of dark particulate."

Vick is awaiting sentencing on Dec. 10 after he pleaded guilty in August to federal dogfighting charges. Vick faces up to five years in prison for those charges.

Tuesday, a Surry County grand jury indicted Vick on state dogfighting charges. If convicted, he could face up to 10 years in prison in addition to whatever federal prison time he may receive.

Vick had no prior criminal record, so monitoring is the next step for him, the U.S. Attorney's Office said. Another failed drug test likely would land him in jail.

Atlanta Falcons wide receiver Joe Horn had words of support for Vick at the Falcons training camp in Flowery Branch on Wednesday.

"In life there are going to be a lot of people, celebrities, media, whoever that have some problems," Horn said. "Do you shut them out? I'm not going to do that. He's my friend. He didn't pass his drug test. OK. That is going to be another obstacle in his life that he'll have to pass."

Horn has supported Vick throughout his controversy and said he would continue to support his friend in the future.

"I'm going to call him," Horn said. "I'm still going to be his friend, whether he plays another down of football or not."

Atlanta Falcons head coach Bobby Petrino said he and the rest of the team remain supportive of Vick.

"We're all cheering for Mike, there's no question about that," Petrino said. "He needs to make some changes in his life."


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